USCIS Updates Policy on Determining Cuban Citizenship for Those Born Outside of Cuba

From USCIS Alerts:

USCIS is no longer considering a consular certificate documenting an individual’s birth outside of Cuba to a Cuban parent as sufficient evidence of Cuban citizenship. This policy memorandum aligns with Cuban law and applies to individuals born outside of Cuba applying for lawful permanent resident status in the United States under the Cuban Adjustment Act (CAA).

The updated policy memorandum rescinds Matter of Vazquez as an adopted decision, which held that a Cuban consular certificate documenting an individual’s birth outside of Cuba to at least one Cuban parent is accepted as proof of Cuban citizenship. Under the updated guidance, USCIS will not consider a consular certificate as sufficient proof of Cuban citizenship. This will be the case even if the consular certificate contains a statement of citizenship.

USCIS will continue to accept valid Cuban passports and Cuban Civil Registry documents issued in Havana as proof of Cuban citizenship. 

Interim and final policy memos are official USCIS policy documents and are effective the date the memos are issued.